STATE OF KARNATAKA Vs. N A NAGENDRAPPA

JUDGEMENT

(1.) Hon'ble the Chief Justice and Hon'ble Shivaraj Patil, J., who, sitting in a Division Bench, heard the appeals on 3-8-1990, gave expression to their view of the important question involved in the appeals and the need for its decision by a Special Bench, by making the following order:-

(2.) Karnataka State Legislature, with the object of establishing and constituting Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats in the State and make them function as units of self-Government, enacted the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (for short 'the Act'). President's assent to the Act being given on 10-7-1985, the provisions of the Act other than those in Chapters XI to XIV thereof were brought into force. Thereafter, by a notification issued under sub-sec. (1) of S.4 of the Act, an area comprising of a group of villages - Thuruvanur, Kadabanakatte, Myasarahatti, Upparahatti, Doddaghatta, Bangarakkanahalli, Bogalerahatti and Avalenahalli of Hiriyur Taluk in Chitradurga District, was declared as a 'mandal' with Thuruvanur as its headquarteRs. Consequently, Thuruvanur Mandal Panehayat came to be established under sub-sec. (4) of S.4 of the Act. For constituting the Thuruvanur Mandal Panchayat as a representative body of the people of the area of that mandal, the strength of its elected members was fixed by the State Government as 26 by a notification issued under sub-sec. (1) of S.5 of the Act and published in the Karnataka Gazette dated 11-6-1986. Subsequently, the Deputy Commissioner, Chitradurga District, as required under sub-sec. (5) of S.5 of the Act, determined the constituencies in the Mandal area of Thuruvanur Mandal Panchayat, allotted the seats to Scheduled Castes and Scheduled Tribes, and women, by issuing the delimitation of constituencies notification published in the Karnataka Gazette dated 30-6-1986 (Annexure-A). The same Deputy Commissioner, however, amended the said delimitation of constituencies notification (Annexure-A) by issuing Errata Delimitation of Constituencies Notification - one published in Karnataka Gazette dated 27-11-1986 (Annexure-B); another published in Karnataka Gazette dated 24-12-1986 (Annexure-C); and yet another published in Karnataka Gazette dated 24-12-1986 (Annexure-D), purporting to have issued them again under sub-section (5) of Section 5 of the Act. Then, the Deputy Commissioner, as required of him under Rule 12 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats (Conduct of Election) Rules, 1985 (for short 'the Rules'), published in the Karnataka Gazette dated 30-12-1986 a Notification for election calling upon the Thuruvanur Mandal Panchayat to elect the required number of members to the seats of that Panchayat as determined by the Delimitation of Constituencies Notifications (Annexures-A to D), got published earlier. Candidates for 9 seats did not face any contest. After the completion of the election for the remaining 17 seats, the Returning Officer declared the result of election of the returned candidates to those seats on 21-1-1987, while he had declared the result of election for 9 uncontested seats about two weeks earlier. All the 26 members required to be elected for Thuruvanur Mandal Panchayat having been, thus, declared as duly elected, Thuruvanur Mandal Panchayat came to be constituted by operation of the provision in sub-section (5) of Section 5 of the Act. None called in question the election of the said 26 members from the constituencies of Thuruvanur Mandal Panchayat by filing Election Petition/s as provided for under the Act. However respondent-1 here, a voter from a constituency of Thuruvanur Mandal Panchayat, chose to challenge the election of the said 26 members elected to the seats in the constituencies of Thuruvanur Mandal Panchayat, by filing in this Court a writ petition. In the writ petition so filed on 6-4-1987, it had been prayed that Errata Delimitation of Constituencies Notifications (Annexures-B to D) issued by the Deputy Commissioner under sub-section (5) of Section 5 of the Act shall be quashed and the election of members to the seats of Thuruvanur Mandal Panchayat determined under those Notifications shall be declared void. State of Karnataka and the Returning Officer while had been impleaded in that writ petition as respondents I and 2, elected members to the seats of Thuruvanur Mandal Panchayat had been impleaded as respondents 3 to 28 therein. A learned single Judge of this Court, who heard that writ petition, by his order dated 3/14-10-1988 made therein, allowed the writ petition, quashed the impugned Errata Delimitation of Constituencies Notifications (Annexures-B to D), declared the election of respondents 3 to 28 to the seats of Thuruvanur Mandal Panchayat created under those Notifications as void and directed them to vacate their Offices as membeRs. It is the said order of the learned single Judge which is appealed against in Writ Appeal No.161/89 filed by the State and the Returning Officer respondents 1 and 2 in the Writ Petition and in Writ Appeal No.325/89 filed by an elected member-respondent-7 in the Writ Petition.

(3.) Important questions, which arise for consideration and decision in these appeals, if we have regard to the arguments addressed before us by learned Counsel appearing for the contesting parties and the view expressed in these appeals by a Division Bench of this Court - adverted to at the out-set, would be the following: